Category: law reports

In re Federal-Mogul Aftermarket UK Ltd and others – WLR Daily

Posted May 23rd, 2008 in insolvency, law reports, pensions by sally

In re Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166

“There was nothing in the rationale underlying the general application of the hindsight principle to contingent debts which should restrict its application to whether there had been an initial triggering event.”

WLR Daily, 23rd May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


R v Asfaw (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted May 23rd, 2008 in asylum, law reports by sally

R v Asfaw (United Nations High Commissioner for Refugees intervening)[2008] UKHL 31; [2008] WLR (D) 165

“A refugee, who arrived in the United Kingdom directly from the country of persecution in transit to a country of preferred refuge, was entitled to the protection from prosecution provided by art 31(1) of the 1951 Convention and 1967 Protocol relating to the Status of Refugees when, in attempting to leave the United Kingdom after a short stop-over she presented false documentation to the airline for onward travel to her intended sanctuary.”

WLR Daily, 23rd May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

McCann v United Kingdom – Times Law Reports

Posted May 23rd, 2008 in housing, human rights, law reports by sally

McCann v United Kingdom

European Court of Human Rights

“A local authority which bypassed the statutory scheme for evicting a tenant, had violated his right to respect for the home, as guaranteed by article 8 of the European Convention on Human Rights, when the summary procedure used had not provided appropriate procedural safeguards.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Wood v Director of Public Prosecutions – Times Law Reports

Posted May 23rd, 2008 in assault, law reports, police, restraint by sally

Wood v Director of Public Prosecutions

Queen’s Bench Division

“Where a police officer restrained a person, but did not at that time intend or purport to arrest him, he was committing an assault, even if an arrest would have been justified.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

Pleae note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

King v Serious Fraud Office – Times Law Reports

Posted May 23rd, 2008 in jurisdiction, law reports, proceeds of crime, Scotland by sally

King v Serious Fraud Office

Court of Appeal

“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Gichura v Home Office and another – WLR Daily

Posted May 22nd, 2008 in disability discrimination, law reports, prisons by sally

Gichura v Home Office and another; [2008] WLR (D) 164

“Once a disabled detainee had gone through the administrative stage on arrival at a detention centre the services subsequently provided came within the scope of s 19(2) of the Disability Discrimination Act 1995.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kilby v Gawith – WLR Daily

Posted May 22nd, 2008 in fees, law reports by sally

Kilby v Gawith; [2008] WLR (D) 163

“The court had no discretion under CPR r 45.11(1) to disallow a successful claimant a success fee provided for in the conditional fee agreement with her solicitors.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (G) v Nottinghamshire Healthcare NHS Trust; R (N) v Secretary of State for Health; R (B) v Nottinghamshire Healthcare NHS Trust – WLR Daily

Posted May 22nd, 2008 in hospitals, law reports, smoking by sally

R (G) v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096 (Admin); R (N) v Secretary of State for Health; R (B) v Nottinghamshire Healthcare NHS Trust; [2008] WLR (D) 162

“A provision which had the effect of prohibiting smoking in a high security psychiatric hospital was not incompatible with the human rights of detained mental patients and was not unlawful.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Rottmann (a bankrupt) – WLR Daily

Posted May 22nd, 2008 in bankruptcy, disclosure, law reports by sally

In re Rottmann (a bankrupt) ; [2008] WLR (D) 161

“The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SB v A County Council – WLR Daily

Posted May 22nd, 2008 in adoption, law reports by sally

SB v A County Council [2008] EWCA Civ 535; [2008] WLR (D) 160

“A judge considering dispensing with parental consent to adoption had to focus on the child’s welfare ‘throughout his life’, to emphasise that adoption, unlike other forms of order, was something with lifelong implications.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BE (Iran) v Secretary of State for the Home Department – WLR Daily

Posted May 22nd, 2008 in armed forces, asylum, human rights, law reports by sally

BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159

“An Iranian soldier who had been ordered in peacetime to plant land mines liable to kill or maim innocent civilians, and who had deserted, was entitled to international protection as a refugee since the order constituted a requirement that he commit a grave violation of human rights which could further be characterised as ‘gross’ and ‘an atrocity’.

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Adorian v Commissioner of Police of the Metropolis – WLR Daily

Posted May 22nd, 2008 in law reports, personal injuries, police, time limits, trespass to the person by sally

Adorian v Commissioner of Police of the Metropolis [2008] EWHC 1081 (QB); [2008] WLR (D) 158

“Civil proceedings for trespass to the person commenced by a claimant who has been convicted in the United Kingdom of an imprisonable offence, committed on the same occasion as the alleged trespass, are not rendered a nullity by the claimant’s failure to seek the prior permission of the court as required by s 329(2) of the Criminal Justice Act 2003.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully repoted in one of the ICLR series the corresponding WLR Daily summary is removed

Corporate Officer of the House of Commons v Information Commissioner and Others – Times Law Reports

Posted May 22nd, 2008 in disclosure, expenses, freedom of information, law reports, parliament by sally

Corporate Officer of the House of Commons v Information Commissioner and Others

Queen’s Bench Division

“Shortcomings in transparency and accountability in the system of paying additional costs allowances to Members of Parliament justified full disclosure of detailed information concerning those payments of their residential expenses.”

The Times, 22nd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v B – Times Law Reports

Posted May 22nd, 2008 in appeals, criminal procedure, law reports by sally

Regina v B

Court of Appeal

“The Court of Appeal, Criminal Division, would not give the Crown leave to appeal unless it was seriously arguable, not that a judge in exercising his discretion or making his judgment in the course of a criminal trial might have decided differently, but that it was unreasonable for him to have done it in the way he had.”

The Times, 22nd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v Bassett – WLR Daily

Posted May 21st, 2008 in law reports, voyeurism by sally

R v Bassett; [2008] WLR (D) 157

“For an offence of voyeurism to be committed, within the definition in s 67 of the Sexual Offences Act 2003, there had to be a private act which involved parts of the body for which people would normally expect privacy, as defined by s 68(1). Casual observation by other changing room users created no offence of voyeurism, even if those persons gained sexual gratification from what they saw. Although those using the showers at a public swimming pool had a reasonable expectation of privacy from covert filming, there was no reasonable expectation that a man should enjoy privacy of his upper torso, since “breasts” in the Act referred to female breasts and not the exposed male chest.”

WLR Daily, 20th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted May 20th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Flynn & Anor, R v [2008] EWCA Crim 970 (02 May 2008)

Court of Appeal (Civil Division)

B v B [2008] EWCA Civ 483 (12 May 2008)

G, R (on the application of) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1096 (20 May 2008)

W (Children) [2008] EWCA Civ 538 (20 May 2008)

TH v RB [2008] EWCA Civ 539 (20 May 2008)

SB v County Council [2008] EWCA Civ 535 (20 May 2008)

Romantiek Transport BVba & Ors v Vehicle and Operator Services Agency [2008] EWCA Civ 534 (16 May 2008)

High Court (Chancery Division)

Burdale Financial Ltd v Agilo Master Fund Ltd [2008] EWHC 1103 (Ch) (19 May 2008)

High Court (Queen’s Bench Division)

Leeson v Marsden & Anor [2008] EWHC 1011 (QB) (13 May 2008)

High Court (Administrative Division)

Catt, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 1042 (Admin) (25 April 2008)

Wood v Director of Public Prosecutions [2008] EWHC 1056 (Admin) (14 May 2008)

G, R (on the application of) v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096 (Admin) (20 May 2008)

Koo Golden East Mongolia (A Body Corporate) v Bank of Nova Scotia & Ors [2008] EWHC 1120 (Admin) (20 May 2008)

High Court (Patents Court)

Abbott Laboratories Ltd v Evysio Medical Devices ULC (Sued As Divysio Solutions ULC In HC 06 C 02440) [2008] EWHC 1083 (Pat) (13 May 2008)

Source: www.bailii.org

Romantiek Transport BVBA & others v Vehicle and Operator Services Agency – WLR Daily

Posted May 20th, 2008 in carriage of goods, EC law, law reports, road traffic by sally

Romantiek Transport BVBA & others v Vehicle and Operator Services Agency [2008] EWCA Civ 534; [2008] WLR (D) 156

“A Community authorisation granted by a member state within Council Regulation (EEC) No 3118/93, which entitled a road haulage carrier to operate on a temporary basis national road haulage services in another member state (‘cabotage’), did not have the effect of enabling such a carrier to operate permanently in the UK without a current UK licence pursuant to s 2 of the Goods Vehicles (Licensing of Operators) Act 1995.”

WLR Daily, 19th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Corporate Officer of the House of Commons v Information Commissioner and others – WLR Daily

Posted May 20th, 2008 in expenses, freedom of information, law reports, parliament by sally

Corporate Officer of the House of Commons v Information Commissioner and others [2008] EWHC 1084 (Admin); [2008] WLR (D) 155

“The obligation to provide information for disclosure pursuant to s 1(1) of the Freedom of Information Act 2000 was distinct from and not limited by the obligation to provide information for disclosure in a publication scheme pursuant to s 19 of that Act. Members of Parliament could not expect to contract out of compliance with the freedom of information legislation nor expect the House of Commons, for its own purposes, to suspend or dispense with legislation without expressly amending or repealing it. Details of a member’s residential address did not benefit from exemption under s40 of the 2000 Act and disclosure was justified in accordance with para 6(1) of Schedule 2 to the Data Protection Act 1998 where it was ordered as part of a disclosure of information concerning a deeply flawed system of payment of members’ expenses.”

WLR Daily, 19th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Nasseri) v Secretary of State for the Home Department – Times Law Reports

Posted May 20th, 2008 in asylum, human rights, law reports by sally

Regina (Nasseri) v Secretary of State for the Home Department

Court of Appeal

“A provision which prevented the Secretary of State for the Home Department from considering whether certain listed countries would return asylum seekers in violation of their human rights did not enact an absolute bar, but was limited in scope.”

The Times, 20th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Moran v Manchester City Council – Times Law Reports

Posted May 20th, 2008 in homelessness, law reports by sally

Moran v Manchester City Council

Court of Appeal

“Two women, who had been made homeless unintentionally when they fled to women’s reguges from domestic violence, became homeless intentionally when they were evicted from the refuges as a result of their own misconduct.”

The Times, 20th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.